DASARATH NAIK Vs. NARAYAN NAIK

JUDGEMENT

(1.) This appeal is by the plaintiff.

(2.) Plaintiff-Appellant instituted the suit for declaration of right, title and interest over 'C' and 'D' schedule land or in the alternative partition of 'A' schedule land. The case of the plaintiff was that Ramchandra, the common ancestor of the parties, died in the year 1943. He had three sons, namely, Baneswar, Mukteswar and Dhaneswar. Baneswar died in the year 1945 leaving behind him one son, Narayan, defendant, as his sole successor. Mukteswar died in the year 1965 leaving behind him son, Dasarath, the plaintiff, as his successor. Dhaneswar died issueless. During life time of Ramchandra, 'A' schedule property was partitioned into 'B', 'C' and 'D' schedule properties amongst his three sons, namely, Baneswar, Mukteswar and Dhaneswar. 'B' schedule property fell to the share of Baneswar. After his death, the defendant was in possession of the same. 'C' schedule property fell to the share of Mukteswar. After his death, the plaintiff was in possession of the same. 'D' schedule property fell to the share of Dhaneswar. He executed a will in favour of the plaintiff. Dhaneswar died on 19.11.88. It was further pleaded that he was in possession over 'C' and 'D' schedule property. In major settlement, the land was recorded jointly in the names of plaintiff, defendant and Dhaneswar. In the year 1985, he approached the defendant for mutation of the lands. But the defendant turned a deaf ear. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

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